(As posted to my Gazette blog)
In an earlier post here, I wondered if class-action lawsuits might be filed throughout America against states that have had their bans on same-sex marriage ruled as unconstitutional and tossed out by the courts. I wondered if there were grounds for the LGBT community to sue for cash awards because they feel they were victims discrimination — and because they suffered in myriad ways as a result.
I also ran that post in my other blog at jillianpage.com, where it got some good commentary from one reader, Steve, who seems to know his American law. Basically, he didn’t feel there are sufficient legal grounds for class actions . . . You can check out his comments by clicking here.
Today, though, I have reason to think that class-actions suits may proceed, in some states at least — perhaps Utah?
There are several reports online today about comments made by Utah’s governor, Gary Herbert, which some people feel constitute hate speech. One report, in The Salt Lake Tribune, has an interesting observation from University of Utah law professor Cliff Rosky observation, which the paper has paraphrased:
Although Herbert’s (alleged hate) remarks may not amount to much in the fight against Utah’s same-sex marriage ban, Rosky noted, if future lawsuits were to be filed against the state alleging discrimination or second-class treatment of LGBT individuals and families based on animus, this is exactly the kind of evidence lawyers would bring before a judge.
In other words, class-action lawsuits are not out of the realm of possibility . . .
The Mormon Church was the main persecutor in the California Proposition 8 debacle. All of the state prohibitions will fall because none of them can articulate a legal basis for the prohibition.